NSW court diversion program for AOD use lowers rates of reoffending and imprisonment, new study finds

Defendants in NSW who complete a 12-week voluntary treatment program for alcohol and other drugs (AOD) use are much less likely to reoffend or receive a prison sentence, a landmark evaluation shows.

The findings, published in the International Journal of Drug Policy, opens in a new window, provide strong evidence to support the pre-plea Magistrates Early Referral into Treatment (MERIT) program for adults facing charges in the NSW Local Court.

“This study is proof that MERIT is effective in reducing the short-term risk of reoffending, imprisonment, and death in defendants who have issues with alcohol and other drug use,” said lead author Professor Donald Weatherburn, from the National Drug and Alcohol Research Centre (NDARC) at UNSW Sydney.

“Because MERIT is a pre-plea rather than a post-conviction program like the Drug Court, it has no presiding judge or prosecutors, no regime of random urine testing, and no punishment for non-compliance.”

“The current study shows, however, that it is no less capable in reducing drug-related crime and improving health outcomes.”

While MERIT has undergone several earlier evaluations, Professor Weatherburn’s study is the largest and most robust evaluation of the program to date.

It included more than 22,400 defendants who participated in the diversion program from 2012 to 2017 and whose criminal justice records were linked to health databases.

What is MERIT?

MERIT was introduced as a pilot program in 2000 and is available at 75 of the 137 Local Courts in NSW via referral from a magistrate, solicitor or police, as well as self-referral.

It is open to defendants who have a treatable AOD problem, are eligible for bail (or bail is not required), and have not committed a strictly indictable or sexual assault offence.

The program provides a range of AOD treatment services, such as counselling, residential rehabilitation and withdrawal management, while court matters are adjourned.

At completion, the magistrate dealing with the case is provided with a report from the MERIT team about client progress and any recommendations for future treatment.

What did the study show?

Compared to defendants who did not take part in the diversion program, Professor Weatherburn and colleagues found that MERIT participants were 21% less likely to reoffend in the following 12 months, and 27% less likely to receive a prison sentence.

They also found that those who entered MERIT had 33% lower risk of death from any cause but at the same time, higher rates of healthcare seeking such as ambulance callouts and hospital or ED admissions.

Professor Weatherburn said this finding could simply be due to exposure to AOD treatment itself being a launchpad for further engagement with health services.

“This would explain the paradoxical result of increased healthcare utilisation, yet fewer deaths. Participation in MERIT overcomes a range of potential barriers or resistance to accessing treatment for AOD use and other physical and mental health needs,” he said.

“Once engaged in treatment, their fear of stigma and additional health services may be reduced, and they might also be encouraged by service providers and peers to seek further help.”

Quotes attributable to the Attorney General of NSW, the Hon. Michael Daley:

“Programs like MERIT are important to alleviate pressure on the criminal justice system by breaking the cycle of substance abuse and reoffending.”

“Offenders who participate in drug and alcohol treatment under MERIT are less likely to end up in jail or back before the courts.

“The NSW Government will continue to invest in prevention and diversion to reduce offending and keep the community safe.”